(can be slow - be patient)
Richard Wakeford Esq
Director General Environment
Scottish Government
Pentland House
47 Robbs Loan
Edinburgh
EH14 1TY
Dear Sir
Freedom of Information: Undemocratic National Parks
I am a resident within the Loch Lomond and the Trossachs National Park.
For some months I have been corresponding with the Scottish Parliament regarding the removal by central government of a substantial amount of democratic power from local authorities within the boundaries of national parks in Scotland and placed in the hands of National Park Authorities dominated by interest led appointees.
The National Parks 2000 (Scotland) Act discriminates against residents within the national parks by imposing legislation, which denies us the same level of local democracy as elsewhere in the country.
On the basis that all citizens/subjects should have the same level of democracy no matter where they reside, I recently asked the Landscapes and Habitats Division of the Scottish Government the following question.
'What legislation exists in Scotland that allows the formation of an Act that removes a substantial amount of local democracy from a minority of the population on the basis of where they reside?'
I am dissatisfied with the response and would now ask that this matter be subjected to an internal review
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Subject: Re: FOI request dated 2 April 2008 - National Parks
Date: 16/04/2008 08:19:31 GMT Standard Time
From: AMacmil304
To: Erika.Hudleston@scotland.gsi.gov.uk
Dear Ms Hudleston
Thank you for you email of 15 April 2008.
I take the answer to my first question to be "none", indicating there is no recorded information about the negative impact the National Parks (Scotland) Act 2000 would have on local democracy within the parks boundaries.
Regarding my second question, you have only repeated the same generalities you did previously and have not provided me with the information I requested. I shall now be writing to Mr Wakeford.
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Subject: FOI request dated 2 April 2008 - National Parks
Date: 15/04/2008 15:31:37 GMT Standard Time
From: Erika.Hudleston@scotland.gsi.gov.uk
To: AMacmil304@aol.com
Dear Mr. Macmillan
I reply to your e-mail dated 2 April in which you ask ' What recorded information is available as to why residents in the national parks are not entitled to the same level of local democracy as those who live elsewhere in the country?' As this is now a request for recoded information we are dealing with it in terms of the Freedom of Information (Scotland) Act 2002 (FOISA),
The recorded information that the Scottish Government holds in relation to your question is the copy of correspondence between you and the Scottish Government dating from July 2007. I note that you have kept copies of the correspondence and have made this available via the website page you provided a link to. So on that basis all the information is readily accessible to you in terms of section 25 of FOISA.
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Subject: Re: FW: Your letter of 26 March
Date: 02/04/2008 11:39:25 GMT Standard Time
From: AMacmil304
To: Erika.Hudleston@scotland.gsi.gov.uk
Meikle Boturich
near Balloch
Dunbartonshire
G83 8LX
Dear Ms Hudleston
Thank you for your email.
Perhaps I could re-phrase my question to suit your interpretation for FoI purposes.
What recorded information is available as to why residents in the national parks are not entitled to the same level of local democracy as those who live elsewhere in the country?
The link you provided to the parliamentary discussion does not address this point and my question was not answered by Scott Sutherland.
With regard to my question to the OSPC. Providing me with links to generalities does not answer the question.
I would be very grateful if you would look closely at these two questions and answer them directly and unambiguously and without referring me to irrelevant material.
A full transcript on my is now online at www.spaceforum.co.uk/undemocraticnationalparks
Yours sincerely
Angus Macmillan
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Subject: FW: Your letter of 26 March
Date: 01/04/2008 13:39:35 GMT Standard Time
From: Erika.Hudleston@scotland.gsi.gov.uk
To: AMacmil304@aol.com
Dear Mr. Macmillan
Thank you for your e-mail
Re your Freedom of Information request of 11 March, we are simply saying that because of the way in which your question is phrased it seeks an explanation for reply. Your question does not ask for recorded information which is why it is not being dealt with under the Freedom of Information (Scotland) Act.
We have endeavoured to answer your question throughout the exchange of correspondence between you and the Scottish Government. For example, on 15 November 2007 Scott Sutherland, Private Secretary to Michael Russell MSP Minister for Environment, wrote to explain that the Scottish Parliament discussed local democracy in Scotland's National Parks in the context of the Stage 2 discussion on the National Parks (Scotland) Bill. If you would like to see the full transcript of this discussion please use this link http://www.scottish.parliament.uk/busin ... -1702.htm.
Re you FOI request to OSPC 5 March 2008, as explained in my letter of 26 March 2008, the Scotland Act 1998 provided the establishment of the Scottish Parliament and gave the Scottish Parliament power to legislate for Scotland except for certain matters which are reserved to the Westminster Parliament. Under the terms of the Scotland Act 1998, the Scottish Parliament is able to pass laws on a range of issues. Devolved matters include Education, Health (the NHS in Scotland), Agriculture and Justice.
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